Drug Evaluation

and Classification

in Nova ScotiaAND THE IMPACT OF THE LEGALIZATION OF CANNABIS

Constable Chad Morrison

Provincial DRE Coordinator “H” Division

Item No. 7.3.2

Overview Began in LA early ‘70s to deal with increasing occurrences of drug impairment

SFSTs were devised to detect impairment, and have been validated through

multiple field validation studies.

Bill C-2 of July 2, 2008 allows police officers to conduct SFST and DRE tests by

demand.

Use throughout Canada, US, and many other

countries worldwide.

Over 7300 active DRE’s in North America with

approximately 600 in Canada

Overseen by IACP

Currently the only tool available to police

to determine if subject is impaired

by drugs

What is a Standardized Field

Sobriety Test? Battery of tests, administered roadside, to detect low level impairment in driving

subjects.

Tests include:

Horizontal Gaze Nystagmus

Walk and Turn Test

One Leg Stand

Used when there is suspicion that

driver has ingested drugs/alcohol.

Screening/investigative tool to form

grounds for arrest. (Equates to

Approved Screening Device)

Training Requirements for SFST

Four day (32 hour) course consisting of classroom lectures and hands on training with live

drinking subjects. (Alcohol workshops)

Must demonstrate proficiency on all tests, and pass a twenty question multiple choice

test.

There is no recertification process for SFSTs. Once trained, an officer can use them

indefinitely.

2-3 courses put on each year in “H” Division. (Approximately 24 candidates per course)

Candidate selection through callout, and is basically first come, first serve.

Number of spots designated for municipal agencies.

There are currently upwards of 400 SFST trained officers in Nova Scotia, however many of

these officers aren’t in frontline policing positions. (About 190 are RCMP and the rest Municipal)

What is a Drug Recognition Evaluation?

(Drug Influence Evaluation)

12 step standardized process

Used following arrest for impaired driving by drug.

Equates to Approved Instrument

DREs are also able to determine the category/categories of drug

causing impairment.

Following evaluation, if an officer believes a subject is impaired, they

may make a demand for blood or urine.

Samples are analyzed at lab, and results are used to corroborate

opinion of DRE.

12 Step Standardized Process Breath Alcohol Test (If applicable)

Interview of Arresting Officer

Preliminary Examination

Eye Exams

Divided Attention Tests

Clinical Indicators

Dark Room Checks

Check for Muscle Tone

Check for Injection Marks

Interview

Opinion

Toxicological Sample

Seven (7) Drug Categories

Central Nervous System Depressants

Inhalants

Dissociative Anesthetic

Cannabis

Central Nervous System Stimulants

Hallucinogens

Narcotic Analgesics

Training Requirements for DRE

Two weeks of classroom lectures and practical testing on live drinking subjects, followed by 100 question multiple choice exam.

Certification process:

12 evaluations on subjects who have ingested drugs. (Currently Phoenix or Jacksonville)

Final Knowledge Exam

Once certified as a DRE, an officer mustcomplete the following every two years:

Four Drug Influence Evaluations

One must be witnessed by an Instructor.

Attend eight hours of training related to drug impaired driving.

Selection of DRE Candidates

Recently, candidates from NS (five to six per year) attend National

Courses in Jacksonville and Phoenix.

Selection based on operational requirements, (population,

geographical location) as well as rationales provided by applicants.

(Panel/committee)

Candidates must also sign letter of agreement, committing to at

least three years in DRE program.

Currently, a Provincial (Nova Scotia) course is being considered, and

may be taking place in the fall.

DRE Officers in Nova Scotia

Needs assessment model by the Canadian Centre on Substance Abuse:

recommends 6 DRE trained officers per 100 000 population. (Up to 8 in

rural areas)

MINIMUM number of 55 DREs is required to adequately serve NS. (Up to

70)

Currently, we have 68 trained officers in NS. (39 RCMP, plus eight other

agencies) This makes of 11% of officers in all of Canada.

16 of those are currently “expired”, and of those, 8 aren’t expected to

re-certify.

So, realistically, we currently have 52 active DREs, with 8 expected to re-

certify in the near future.

We also have 15 DRE instructors. (9 RCMP)

Issues with this model?

Doesn’t take into account rural vs. urban setting

It is based on county populations, so for a large geographical area

with varying densities, (Halifax, for instance) it is more difficult to

gauge. (For instance, there are no trained officers in Musquodoboit

or Sheet Harbour)

Doesn’t take agency/police force into account

Doesn’t take into account that some officers are more active and/or

more readily available to conduct tests than others

Doesn’t take into account that some officers are not in operational

positions

Current Statistics for Nova Scotia We have 11% of DREs, but only conducted 6% of evaluations.

We are averaging 1.82 evaluations per officer, compared with the

national average of 3.17.

Evaluations conducted over the last three years are as follows:

2016 – 120 operational evaluations (84 charges)

2015 – 129 operational evaluations (100 charges)

2014 – 170 operational evaluations (108 charges)

Solution? DRE officers can’t be expected to apprehend all drug-impaired drivers

SFST trained officers are required to apprehend suspects, and then

engage/utilize DRE trained officers

Hundreds of SFST trained officers in Nova Scotia, however many of them,

after being trained, do not utilize their training effectively.

Many reasons for this, but a common one is that they lack confidence due

to lapses in testing.

All DRE and SFST members have been contacted regarding “refresher” or

“re-certification” sessions, in hopes that this will improve the number of

evaluations being conducted.

In Halifax, an online course is being considered, to be taken yearly.

The proposed Provincial course could mean training more local officers in

DRE.

Legalization of Cannabis

ON APRIL 13TH, 2017, BILL C-45,

ALSO KNOWN AS THE CANNABIS

ACT, WAS INTRODUCED. THE

PURPOSE OF THE BILL IS TO DE-

CRIMINALIZE CANNABIS, AND IT

IS EXPECTED TO TAKE EFFECT ON

JULY 1ST, 2018. IT ALLOWS FOR

USE BY INDIVIDUALS 18 AND

OVER, AND POSSESSION OF 30

GRAMS.

Case Studies Washington

Legalized in 2012 - THC involved in

24.9% of all impaired driving cases in

2013

48% increase in 2014 in drivers

involved in fatal crashes who tested

positive for marihuana

Half of the THC-positive drivers were

also impaired by alcohol (over 80

mg%)

Largest increase in THC-positive

drivers was among males 21-25 years

of age

Colorado Medical marihuana commercialized in

2009 – 48% increase in marihuana-related traffic deaths compared to pre-commercialization years (2006-2008)

Recreational marihuana legalized in 2013 – 41% increase in marihuana-related traffic deaths in 2013-2014 compared with 2009-2012.

Retail marihuana business begins in 2014 – 32% increase in marijuana-related traffic deaths in just one year

Colorado State – 77% of DUIs involved marihuana

Denver PD – 100% increase in marihuana DUIs from 2013 to 2014

Bill C-46: An Act to amend the Criminal Code

2-5ng of THC/per ml of blood within two hours of driving would result in a

summary conviction criminal offence.

More than 5ng, or 2.5ng combined with 50mg% BAC would be a hybrid

offences with punishments similar to those of current impaired driving

laws.

Increased fines and penalties for all impaired driving related offences

Mandatory alcohol screening at roadside for all lawful traffic stops (No

further grounds required)

Use of Oral Fluid Screening Devices with reasonable suspicion of drugs.

Blood tests for drug-driving offences if grounds exist. (No evaluation

required)

Oral Fluid Screening Devices If legislation approved, Oral Fluid Screening Devices, along with per-se limits and

provincial administrative sanctions, will provide officers with an additional, useful tool

for apprehending impaired drivers.

The RCMP is working with Public Safety to incorporate Oral Fluid devices into “arsenal”

of Impaired Driving detection tools. (SFST, ASD, DRE)

Drager DT5000 Alere DDS2 Securetec DrugRead

Limitations, and the Need for DREsOral Fluid Screening Devices

Only test for presence and do not

provide a quantity.

Don’t test for all drugs

Don’t prove impairment

Expensive ($3000 + $40 per test)

Blood Tests

Don’t test for all drugs

No always practicable

Lengthy process

Require phlebotomist

Don’t prove impairment

Driver is inexperienced drug user, and is impaired by drug, despite being below “per se” limit

Driver has taken small quantities of several different drugs, below “per se” limits, resulting in impairment

Driver is arrested for impaired driving in a very rural area. No doctor or blood technician is available

Driver smokes small amount of THC, and is sober due to tolerance, but is subjected to arrest/blood testing

Driver is impaired by a drug that is not detected by Screening Devices

Scenarios

Questions?

Cst. Chad Morrison

Chad.morrison@rcmp-grc.gc.ca

902-720-5789 (w)

902-717-2375 (c)